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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The Evergreen State College published a photo in the 2013-14

Customer Question

The Evergreen State College published a photo in the 2013-14 Catalog that holds my close friend up for personal ridicule. I am wondering what her options are for redress for damage to relationships under RCW 9A.04.110 or others.
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your friend's situation. Can you please clarify what you mean by "holding up for ridicule?" Please, expand on this matter.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

The photo was of her sitting with the pointy end of her rear in the groin area of a black boy sitting with his legs extended in the grass. I got to get off the computer now. 360 7533989

Expert:  Ely replied 3 years ago.
G,

I am afraid that I cannot call you - JustAnswer does not allow me to communicate via any other medium besides the website - I am sorry.

I am wondering what her options are for redress for damage to relationships under RCW 9A.04.110 or others.

She may have a cause of action here. However, it would not be criminal, but civil. The statute you cite does not fall into this matter.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

She may have a cause of action for invasion of privacy: false light. A false light action is when someone publishes a misleading or mocking publication of one's likeness that has no value and places the individual in a compromising (sexually or not) situation without cause. In other words, a wholly misleading photograph, for example, with a misleading caption.

As such, and if so, she may have a cause of action, but should retain counsel. May I recommend the Martindale directory - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.

Hello. I was wondering about why the following doesn't apply:


 


RCW 9A.04.110 Definitions.


(8) "Government" includes any branch, subdivision, or agency of the government of this state and any county, city, district, or other local governmental unit; (25) "Statute" means the Constitution or an act of the legislature or initiative or referendum of this state; (e) To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or (j) To do any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships;

Expert:  Ely replied 3 years ago.
G,

Because this is for a criminal action, and is meant against individuals who harass, annoy, and/or defame others. Sorry, but the prosecutor is simply not going to file a criminal charge against individuals or much less a state agency for a misguided photograph.

However, you do have the ability to pursue this in civil court as explained above.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

I am not happy with my response from the expert. It seems like the response was generated by pressing the "f" buttons. I know it is not criminal, I am not asking for a criminal charge. I know the difference between civil and criminal. Are you saying that the statute referenced above is a criminal statute? I am not happy with my response from the expert. The bottom line of his response was that I should go to another web site and look for a lawyer. I am trying to get background. If you wanted to help you could suggest key words to help me in my search for a lawyer rather than have me read all the blurbs trying to make sense of them and to see if any apply to my issue. Now I go from one glittzy site to another. Each one trying to capture me for their purpose when I am there for my purpose. I am not happy with my response from the expert. I feel that I am used for his purpose and not mine. Mine is to get help or at least a coherent opinion on my questions. I kind of resent the cozying up to me by calling me friend etc by somebody with a first name only. Anybody can make up a second name to use. I am here for business not friendship.

Expert:  Ely replied 3 years ago.
Hello,

I am sorry you are not happy with your response. In summary, I have stated:

1) This is not a criminal case;
2) This is a civil case, if you wish to pursue it, and if so;
3) It would be "invasion of privacy: false light."

I kind of resent the cozying up to me by calling me friend etc by somebody with a first name only. Anybody can make up a second name to use. I am here for business not friendship.

I am not sure what you exactly mean here, because I never called you by your first name, but the initial of one. I was not attempting to "cozy up" to you in any way.

In any case, I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...

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